Statutory rights of the employee 361Women who do not qualify for statutory maternity pay may be entitled to a Statutory
Maternity Allowance of £124.88 per week, or of 90 per cent of their average weekly earnings,
whichever is lower, for 39 weeks. To qualify the woman must have worked, either in
employment or as self-employed, for at least 26 of the 66 weeks before the baby is due, and
must have earned at least £30 for 13 of those 66 weeks. Statutory Maternity Allowance is
paid by the Government. Employers can reclaim from the Government about 90 per cent of
the amount which they have paid in statutory maternity leave.
Paternity leave and pay
Part II of the Paternity and Adoption Leave Regulations 2002 gives rights to paternity leave
and paternity pay. In order to qualify for paternity leave, the employee must satisfy three
conditions:
(i) The employee must have responsibility for the new child’s upbringing or expect to have
this responsibility.
(ii) He must either be the biological father of the child or he must be the husband or
partner of the child’s mother.
(iii) He must have at least 26 weeks’ continuous employment 15 weeks before the baby is
due to be born.
Paternity leave can either be for one week or for two consecutive weeks. It cannot be for
parts of a week but it can begin midweek. The leave can begin either at the date of the
child’s birth or at some later date, but it must be completed 56 days after the child was born.
If the mother gives birth to twins, no extra paternity leave is available. The rate of statutory
paternity pay is currently either £124.88 a week or, if the average weekly earnings are less
than £124.88, 90 per cent of average weekly earnings. Other contractual benefits must also
be received. Employees who do not earn enough to pay any national insurance contribu-
tions are not entitled to statutory paternity pay.
Employees intending to take statutory paternity leave must inform their employers at
least 15 weeks before the baby is expected. They must say when the baby is due, when they
want the leave to start, and whether they want one week’s leave or two weeks’ leave.
Employees are obliged to give the employer a completed self certificate which provides
evidence of their entitlement to statutory paternity pay. A model certificate can be found
on the DTI website: http://www.dti.gov.uk. Employees who take statutory paternity leave are
entitled to return to work afterwards and must not be discriminated against for having
taken the leave. Employers can reclaim from the Government about 90 per cent of the
amount which they have paid in statutory paternity pay.
Adoption leave and pay
When a couple adopt a child, Part III of the Paternity and Adoption Leave Regulations 2002
entitles one member of the couple to time off work with statutory adoption pay. In addition,
the other member of the couple, or a partner of an individual who adopts, may be entitled
to paternity leave and pay.
In order to claim adoption leave, the employee must have worked continuously for the
employer for 26 weeks and be newly matched with a child by an adoption agency. Such
employees are entitled to 26 weeks’ ordinary adoption leave, during which they are entitled
to statutory adoption pay, and an additional 26 weeks’ adoption leave. The leave can
start either on the date of the child’s placement or 14 days before the expected date of the